Budu v The British Broadcasting Corporation

Budu v The British Broadcasting Corporation

The articles and Google snippet are incapable of bearing the pleaded defamatory meanings, especially the 'security risk' allegation. Any residual defamatory meaning is unarguably true. The claim is confined to a vestigial case, prejudiced by delay, and constitutes an abuse of process. The BBC cannot be liable for the Google snippet as it does not repeat the sting of the original libel. The action is struck out.

Parties
Claimant: Samuel Kingsford Budu; Defendant: The British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Libel / Ruling on Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out as abuse of process; summary judgment granted for BBC.
Legal Topics
Libel, Internet Publication, Limitation Period, Qualified Privilege, Reynolds Privilege, Abuse of Process, Republication Liability, Damages
Defamation Media Law Civil Procedure Libel Internet Publication Limitation Period Qualified Privilege Reynolds Privilege +3 more

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Parties

Samuel Kingsford Budu

Claimant

The British Broadcasting Corporation

Defendant

Procedural Posture

Libel / Ruling on Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the articles and Google snippet are capable of bearing the defamatory meanings pleaded
  2. 2 Whether the BBC is liable for republication via Google snippet
  3. 3 Whether the claim should be struck out as an abuse of process

Ratio Decidendi

The articles and Google snippet are incapable of bearing the pleaded defamatory meanings, especially the 'security risk' allegation. Any residual defamatory meaning is unarguably true. The claim is confined to a vestigial case, prejudiced by delay, and constitutes an abuse of process. The BBC cannot be liable for the Google snippet as it does not repeat the sting of the original libel. The action is struck out.

Court Disposition

Claim struck out as abuse of process; summary judgment granted for BBC.

Orders

  • Action struck out
  • No trial to proceed